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HIGH COURT OF DELHI
CRL.M.C. 6828/2023
ATUL TYAGI & ORS. ..... Petitioners
Through: Mr. Deepak Parashar, Adv. with petitioners.
Through: Mr. Amit Sahni, APP and SI Shiv Dayal Kumar, PS Harsh Vihar.
Mr. Ajay Tyagi, Adv. with R-2.
Date of Decision: 20.09.2023.
JUDGMENT
1. The present petition has been filed for quashing of the case FIR NO. 283/2019 registered under section 498A/406/506/34 of IPC at P.S. Harsh Vihar.
2. Learned Counsel for the petitioner submits that Respondent no.2/complainant married petitioner no.1 on 20.01.2014 in accordance with the Hindu Rites and Ceremonies. One child namely Master Sparsh (DOB 05.12.2014) was born out of this wedlock. However, on account of temperamental differences and mental incompatibility, the parties started living separately and instituted multiple litigations against each other and their respective families including the present FIR.
3. Learned Counsel further submits that during the pendency of the proceedings, the parties have resolved their disputes amicably, and in furtherance thereof, they have entered into a settlement agreement dated 14.01.2021 before the Delhi Mediation Center, Karkardooma Courts. As per the settlement it has been agreed between the parties that the petitioner shall pay Rs 12,00,000/- (Twelve lakh rupees) in full and final settlement of the entire dispute to respondent NO. 2/complainant.
4. Pursuant to the settlement, a mutual divorce petition was also filed and a decree of divorce was granted vide order dated 25.03.2023 passed by Learned Principal Judge, Family Court, Shahdara, Karkardooma Courts, Delhi.
5. Furthermore, the Learned Counsel for the petitioners submits that since the parties have resolved all their differences amicably, therefore, it would be in the interest of justice to quash FIR No. 283/2019 registered under section 498A/406/506/34 of IPC at P.S. Harsh Vihar and all the proceedings emanating therefrom.
6. I have gone through the settlement which has been placed on record. The settlement agreement provides for the following terms and conditions:
“I. It is agreed between the parties that they shall get their marriage dissolved by mutual consent in accordance with law as provided U/s 13(8) of The Hindu Marriage Act.
2. 11 is agreed between the parties that husband shall pay a total amount of Rs. 12,00,000/·(Rupecs Twelve l.akh only) to wife towards full and final settlement qua her all claims including stridhan, permanent alimony & maintenance (present. past and future) etc. including the amount in both the execution petitions.
3. It is agreed between the parties tha[1] husband shall puy Rs. 4,00.000/-(Rupees Four Lakh only) to the wife by way of demand draft before the concerned court at the time of recording of her statement in first motion which shall be fried within 15 days hereof.
4. It is agreed between the panics chat husband shall make the further payment of R.s. 4,00,000/-(Rupees Four Lakh only) to the wife by way of demand draft before the concerned court at the time of recording of her statement in second motion. which shall be filed within 30 days of expiry of the statutory period or prior to that on getting the statutory period waived of from the court. At the same time, the wife shall handover the custody of son Sparsh to his JD/father permanently.
5. It is agreed between the parties that husband make the payment of remaining amount of Rs. 4,00,000/- (Rupees Four Lakh Only) to the wife by way of demand draft in Hon’ble High Court of Delhi at the time of quashing of the pending FIR No. 283/2019 PS Harsh Vihar u/S 498A/406/34 IPC. The husband/respondents shall file the quashing petition before the Hon’ble High Court of Delhi within a month of grant of second motion for getting the aforementioned FIR quashed, in which the wife shall cooperate with them in all possible way by providing the necessary documents and making the appropriate statement.
6. It is agreed between the parties that they shall withdraw/get disposed of/get quashed/ get compounding, their respective cases except the FIR No. 283/2019 PS Harsh Vihar u/S 498A/406/34 IPC, within 15 days of grant of second motion.
7. It is agreed between the parties that after handing over the permanent custody of son Sparsh to the JD, the DH will not claim any visitation or custody rights in future in respect of son Sparsh.
8. It is further agreed between the parties that after dissolution of their marriage in terms of decree of divorce by mutual consent, they shall not interfere in personal life of each other and shall not litigate further qua their marriage in any manner whatsoever.
9. In case of breach/violation/wilful/deliberate disobedience, the party breaching the terms shall be liable for contempt proceedings and the party aggrieved shall be entitled for status quo-ante in every possible way.
10. The defaulting party would return all the benefits/advantages/privileges that have ensured in its favour and both the parties would be restored to the position that was before they had arrived at such a settlement agreement.
11. The terms have been settled between the parties of their own free will, violition and consent and without there being any undue pressure, coercion, influence, misrepresentation or mistake (both of law and fact), in any form, whatsoever, and the settlement agreement has correctly recorded the said agreed terms.
12. Both the parties undertake that they will abide by and be bound by the agreed terms/stipulations of the settlement agreement.”
7. In view of the terms and conditions, out of the total amount of Rs.12,00,000/-, the remaining amount of Rs. 4,00,000/- (Four Lakh Rupees) is paid today by a Demand Draft bearing No. 000166 dated 14.09.2023 in the name of Priyanka Tyagi i.e., Respondent No. 2 drawn from HDFC Bank.
8. Further, both parties have signed a joint statement stating that the mutual settlement deed dated 14.01.2021 arrived between the petitioner No.1 and Respondent No. 2 shall not bind the legal rights, title, and interest of the child namely Master Sparsh, in any manner. Master Sparsh shall be at liberty to pursue his legal rights in accordance with the law.
9. It is settled that the inherent powers under section 482 of the Code are required to be exercised to secure the ends of justice or to prevent abuse of the process of any court. Further, the High Court can quash non-compoundable offences after considering the nature of the offence and the amicable settlement between the concerned parties. Supreme Court and this Court have repeatedly held that the cases arising out of matrimonial differences should be put to a quietus if the parties have reached an amicable settlement. Reliance may be placed upon: B.S. Joshi v. State of Haryana, (2003) 4 SCC 675; K. Srinivas Rao v. D.A.Deepa, (2013) 5 SCC 226; Yashpal Chaudhrani and Others vs. State (Govt. of NCT Delhi) and Another, 2019 SCC OnLine Del 8179.
10. Both parties are present in court and have duly been identified by the IO. Respondent No. 2 submits that she has entered the settlement voluntarily without any fear, force, or coercion. She submits that other petitions have already been withdrawn or dismissed, and since the marriage between the parties has also been dissolved by a decree of divorce by mutual consent order/judgment dated 25.03.2023, she has no objection if FIR No. 283/2019 registered under section 498A/406/506/34 of IPC at P.S. Harsh Vihar and all the proceedings emanating therefrom are quashed.
11. Taking into account the totality of facts and circumstances of the case, this court considers that the parties have entered into an amicable settlement out of their own free will, without any fear, force or coercion and they should be given an opportunity to lead their lives peacefully. No purpose will be served in continuing with the trial.
12. In view of the above, FIR No. 283/2019 registered under section 498A/406/506/34 of IPC at P.S. Harsh Vihar and all the other proceedings emanating therefrom are quashed.
13. The present petition along with all the pending applications stands disposed of.
DINESH KUMAR SHARMA, J SEPTEMBER 20, 2023